Mortgage on land only

[Minnymouth]

What is the name of your state? Ky

Bank found they had a mortgage on my land only (not mobile home too) in a Chapter 7 bankrutpcy.

Bank is taking my land to auction without "foreclosing" or declaring me "in default" on the mortgage.

House was seized by Trustee for uperfected title and will be auctioned at the same time.

I did not surrender land or home in Chapter 7 - Trustee had to go to Court to my interest in home.

How can the bank sell my land at auction without "foreclosure" or notication of "default" on the mortgage?

Example - I hold a mortgage on your land. I don't want you to own it anymore, so I'm taking it to auction.

Minny

[seniorjudge]

Q: How can the bank sell my land at auction without "foreclosure" or notication of "default" on the mortgage?

A: How do you know this is happening? If someone gave you some papers about this, what do those papers say?

[Minnymouth]

Ky

Trustee took my mobile home in Chapter 7 due to unperfected title (see other threads). Thus leaving the Bank with a mortgage only against the land.

Now the Trustee and the Bank are taking the land and mobile home to auction to sell.

I was notified by the Court that the land and mobile home both were going to Auction.

The bank has never "foreclosed on the mortgage" or declared it "in default"....

I did not surrender my home and land. The Trustee took my home thru the court, but the Bank as done nothing about taking the land.

Yet court papers said land will be auctioned with home.

My question was can the Bank sell my land without foreclose on the mortgage or without telling me or without notifying me of default on the mortgage???

Minny

[Minnymouth]

Ky

I received a Notice of Auction that was petitioned to the Court and granted. Notice included mobile home and land.

You might want to look at some of the posting under my name regarding this Chapter 7 case. Case has been going on for 16 months.

I did not surrender my home/land, they were seized by the Court. My petiton was filed Chapter 7/no assets and I was reaffirming on my home/land.

Unusual things:

Title unperfected - bank did not take their lien on mobile home.

Title still in seller's name - recorded at the courthouse. Not even in my name foir the past 8 years.

Trustee went to court to take "my interest" in the mobile home but he has not taken the "interest" of the seller who is still on the legal title and whose name is recorded at the courthouse as owning this mobile home.

I've always questioned how could they take a mobile home that is not legally recorded as mine and sell it. (Example: if i owed you money and you wanted to take a lien against my home/land, you wouldn't be able too BECAUSE legally at the courthouse I don't own it!!!! The seller still does.

I don't understand how the Trustee can take something from somebody else as MY ASSET and sell it!!!!!

In Ky a mobile home title is treated like a vehicle title and must be recorded with 20 days of sale. This title has been in the sellers name for 8 years......nobody knew... The title company failed to do their job at the final closing 8 years ago and failed to record the title or the lien.


I have been fighting this case for 16 months now (with a lawyer that's trying his best to get out of it as quick as possible). He made sure Adversay Complaints were not responded too causing judgements against me. I was not consulted till after judgments had been granted.

Very unusual case, I have researched and only found one like it in Michigan - but on that one the owner's name was on the title - just no lien on it.

Minny

[seniorjudge]

Originally Posted by Minnymouth

Ky

Trustee took my mobile home in Chapter 7 due to unperfected title (see other threads). Thus leaving the Bank with a mortgage only against the land.

Now the Trustee and the Bank are taking the land and mobile home to auction to sell.

I was notified by the Court that the land and mobile home both were going to Auction.

The bank has never "foreclosed on the mortgage" or declared it "in default"....

I did not surrender my home and land. The Trustee took my home thru the court, but the Bank as done nothing about taking the land.

Yet court papers said land will be auctioned with home.

My question was can the Bank sell my land without foreclose on the mortgage or without telling me or without notifying me of default on the mortgage???

Minny

keep all your questions in one thread

[Minnymouth]

Ky

Sorry, reason I said "see other threads" as this has been going on since June of 2004.....and I have asked several questions on the months pertaining to different things in Chapter 7 cases.

Minny